senate Bill S1811A

2013-2014 Legislative Session

Relates to the prohibition of illegal gun trafficking

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Feb 12, 2013 print number 1811a
amend and recommit to codes
Jan 09, 2013 referred to codes

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1811 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §265.45, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4537
2009-2010: A2938

S1811 - Bill Texts

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Relates to the prohibition of illegal gun trafficking; makes the violation of such prohibition a class D felony.

view sponsor memo
BILL NUMBER:S1811

TITLE OF BILL:
An act
to amend the penal law, in relation to the prohibition of illegal gun
trafficking

PURPOSE OR GENERAL IDEA OF BILL:
To increase penalties for illegal gun trafficking.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill would amend the penal law to add a new section
265.45, which would specify that a person is guilty of illegal gun
trafficking. when such a person knowingly and intentionally
distributes, transports, ships, receives, barters, purchases, or
sells a firearm that has: been used during the commission of a crime;
been stolen; had the importer's or manufacturer's serial number
removed, obliterated or altered; or been defaced. Illegal gun
trafficking would be a class D felony.

Section 2 of the bill sets forth the effective date.

JUSTIFICATION:
This law will help keep guns out of the hands of criminals and will
assist law enforcement officials in making our neighborhoods safe.

PRIOR LEGISLATIVE HISTORY:
2010: A.02938 (Benjamin)- Codes
2009: A.02938 (Benjamin)- Codes
2008: A.11845 (Benjamin)- Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1811

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. ESPAILLAT, AVELLA, KENNEDY -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to the prohibition of illegal
  gun trafficking

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding a new section 265.45  to
read as follows:
S 265.45 ILLEGAL GUN TRAFFICKING.
  A  PERSON  IS GUILTY OF ILLEGAL GUN TRAFFICKING WHEN SUCH PERSON KNOW-
INGLY  AND  INTENTIONALLY  DISTRIBUTES,  TRANSPORTS,  SHIPS,   RECEIVES,
BARTERS, PURCHASES OR SELLS ANY FIREARM WHICH HAS:
  1. BEEN USED DURING THE COMMISSION OF A CRIME;
  2. BEEN STOLEN;
  3.  HAD THE IMPORTER'S OR MANUFACTURER'S SERIAL NUMBER REMOVED, OBLIT-
ERATED OR ALTERED; OR
  4. BEEN DEFACED.
  ILLEGAL GUN TRAFFICKING IS A CLASS D FELONY.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02236-01-3

Co-Sponsors

S1811A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §265.45, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4537
2009-2010: A2938

S1811A (ACTIVE) - Bill Texts

view summary

Relates to the prohibition of illegal gun trafficking; makes the violation of such prohibition a class D felony.

view sponsor memo
BILL NUMBER:S1811A

TITLE OF BILL: An act to amend the penal law, in relation to the prohi-
bition of illegal gun trafficking

PURPOSE OR GENERAL IDEA OF BILL: To increase penalties for illegal gun
trafficking.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill would amend the penal law to add a new section
265.50, which would specify that a person is guilty of illegal gun traf-
ficking. when such a person knowingly and intentionally distributes,
transports, ships, receives, barters, purchases, or sells a firearm that
has: been used during the commission of a crime; been stolen; had the
importer's or manufacturer's serial number removed, obliterated or
altered; or been defaced. Illegal gun trafficking would be a class D
felony.

Section 2 of the bill sets forth the effective date.

JUSTIFICATION: This law will help keep guns out of the hands of crimi-
nals and will assist law enforcement officials in making our neighbor-
hoods safe.

PRIOR LEGISLATIVE HISTORY: 2010: A.02936 (Benjamin)- Codes 2009:
A.02938 (Benjamin)- Codes 2008; A.11845 (Benjamin)- Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the one hundred twentieth
day after it shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1811--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  ESPAILLAT, AVELLA, KENNEDY, KRUEGER -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Codes -- committee discharged, bill amended, ordered  reprinted  as
  amended and recommitted to said committee

AN ACT to amend the penal law, in relation to the prohibition of illegal
  gun trafficking

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding a new section 265.50  to
read as follows:
S 265.50 ILLEGAL GUN TRAFFICKING.
  A  PERSON  IS GUILTY OF ILLEGAL GUN TRAFFICKING WHEN SUCH PERSON KNOW-
INGLY  AND  INTENTIONALLY  DISTRIBUTES,  TRANSPORTS,  SHIPS,   RECEIVES,
BARTERS, PURCHASES OR SELLS ANY FIREARM WHICH HAS:
  1. BEEN USED DURING THE COMMISSION OF A CRIME;
  2. BEEN STOLEN;
  3.  HAD THE IMPORTER'S OR MANUFACTURER'S SERIAL NUMBER REMOVED, OBLIT-
ERATED OR ALTERED; OR
  4. BEEN DEFACED.
  ILLEGAL GUN TRAFFICKING IS A CLASS D FELONY.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02236-02-3

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